SB 138

relating to the adoption and voidability of certain rules proposed
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 2001.0045(c), Government Code, is
(c)  This section does not apply to a rule that:
(1)  relates to state agency procurement;
(A)  reduce the burden or responsibilities
imposed on regulated persons by the rule; or
(B)  decrease the persons' cost for compliance
(3)  is adopted in response to a natural disaster;
(4)  is necessary to receive a source of federal funds
(5)  is necessary to protect water resources of this
state as authorized by the Water Code;
(6)  [is necessary to protect the health, safety, and
welfare of the residents of this state;
[(7)]  is adopted by the Department of Family and
Protective Services, Texas Department of Motor Vehicles, Parks and
Wildlife Department, Public Utility Commission of Texas, Texas
Commission on Environmental Quality, or Texas Racing Commission;
(7) [(8)]  is adopted by a self-directed
(8) [(9)]  is necessary to implement legislation,
unless the legislature specifically states this section applies to
SECTION 2.  Sections 2001.035(a) and (b), Government Code,
are amended to read as follows:
(a)  A rule is voidable unless a state agency adopts it in
substantial compliance with Section 2001.0045 and Sections
(b)  A person must initiate a proceeding to contest a rule on
the ground of noncompliance with the procedural requirements of
Section 2001.0045 or Sections 2001.0225 through 2001.034 not later
than the second anniversary of the effective date of the rule.
SECTION 3.  The changes in law made by this Act apply only to
a rule proposed by a state agency on or after the effective date of
this Act. A rule proposed before that date is governed by the law in
effect on the date the rule was proposed, and the former law is
continued in effect for that purpose.
SECTION 4.  This Act takes effect September 1, 2025.